Ordinance
on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading
(Financial Market Infrastructure Ordinance, FinMIO)

(Art. 77 and 78 Fin­MIA)

¹ The ac­cess of au­thor­it­ies shall be struc­tured in line with the com­mu­nic­a­tion pro­to­cols, data ex­change stand­ards and ref­er­ence data that are com­mon­place at the in­ter­na­tion­al level.

² The au­thor­it­ies must take suit­able meas­ures to en­sure that only the em­ploy­ees who dir­ectly re­quire the data for ex­er­cising their activ­it­ies gain ac­cess to the data.

³ The trade re­pos­it­ory shall provide the au­thor­it­ies with a form for their en­quir­ies in which the fol­low­ing in­form­a­tion is re­quired:

a.

de­tails of the au­thor­ity;

b.

reas­on for the data en­quiry and rel­ev­ance to its man­date;

c.

leg­al basis for the data en­quiry;

d.

a de­scrip­tion of the data it is re­quest­ing;

e.

an il­lus­tra­tion of the meas­ures it has taken to en­sure the con­fid­en­ti­al­ity of data re­ceived.

⁴ From for­eign au­thor­it­ies, it shall ad­di­tion­ally re­quest con­firm­a­tion that an agree­ment is in place between the for­eign and Swiss au­thor­it­ies in ac­cord­ance with Art­icle 78 para­graph 1 Fin­MIA.

⁵ The trade re­pos­it­ory shall keep a re­cord of in­form­a­tion on data ac­cess.